FREEDOM ON THE NET 2018 - The Rise of Digital Authoritarianism October 2018 - Freedom House
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Freedom on the Net 2018 Table of Contents The Rise of Digital Authoritarianism 1 Major Developments 6 Tables, Charts, and Graphs FOTN 2018 Improvements and Declines 3 Global Internet Population by 2018 FOTN Status 5 The World Is Buying What China Is Selling 9 FOTN World Map 16 Key Internet Controls by Country 22 Largest Five-Year Declines 23 Global Rankings 24 Regional Rankings 26 Distribution of Global Internet Users by Country and FOTN Status 28 Recommendations 20 This report was made possible by the generous support of the U.S. State Department’s Bureau of Democracy, Human Rights and Labor (DRL), Dutch Ministry of Foreign Affairs, New York Community Trust, Google, Internet Society, and Oath. The following people were instrumental in the research and writing of this report: Mai Truong, Jessica White, and Allie Funk. Tyler Roylance edited the report. Cheryl Yu and Andrew Greco provided research assistance. This booklet is a summary of findings for the 2018 edition of Freedom on the Net. Narrative reports of the 65 countries assessed in this year’s study and a full list of contributors can be found on our website at www.freedomonthenet.org. ON THE COVER A display shows a facial recognition system during the 1st Digital China Summit on April 22, 2018 in Fuzhou, China. Photo credit: VCG/VCG via Getty Images
FREEDOM ON THE NET 2018 The Rise of Digital Authoritarianism by Adrian Shahbaz The internet is growing less free around the world, and democracy itself is withering under its influence. Disinformation and propaganda disseminated on- With or without malign intent, the internet and social line have poisoned the public sphere. The unbridled media in particular can push citizens into polarized collection of personal data has broken down traditional echo chambers and pull at the social fabric of a coun- notions of privacy. And a cohort of countries is moving try, fueling hostility between different communities. toward digital authoritarianism by embracing the Over the past 12 months in Bangladesh, India, Sri Lan- Chinese model of extensive censorship and automated ka, and Myanmar, false rumors and hateful propaganda surveillance systems. As a result of these trends, global that were spread online incited jarring outbreaks of internet freedom declined for the eighth consecutive violence against ethnic and religious minorities. Such year in 2018. rifts often serve the interests of antidemocratic forces in society, the government, or hostile foreign states, Events this year have confirmed that the internet can which have actively encouraged them through content be used to disrupt democracies as surely as it can manipulation. destabilize dictatorships. In April 2018, Facebook founder and chief executive Mark Zuckerberg testified in two congressional hearings about his company’s China was once again the worst abuser role in the Cambridge Analytica scandal, in which it was revealed that Facebook had exposed the data of internet freedom in 2018. of up to 87 million users to political exploitation. The case was a reminder of how personal information is As democratic societies struggle with the challenges of increasingly being employed to influence electoral a more dangerous and contested online sphere, leaders outcomes. Russian hackers targeted US voter rolls in in Beijing have stepped up efforts to use digital media several states as part of the Kremlin’s broader efforts to increase their own power, both at home and abroad. to undermine the integrity of the 2016 elections, and China was once again the worst abuser of internet since then, security researchers have discovered fur- freedom in 2018, and over the past year, its government ther breaches of data affecting 198 million American, hosted media officials from dozens of countries for 93 million Mexican, 55 million Filipino, and 50 million two- and three-week seminars on its sprawling system Turkish voters. of censorship and surveillance. Moreover, its compa- www.freedomhouse.org 1
FREEDOM The Rise of Digital Authoritarianism ON THE NET 2018 Democracies are famously slow at responding to Rising Digital Authoritarianism, crises—their systems of checks and balances, open by the Numbers deliberation, and public participation are not condu- cive to rapid decision-making. But this built-in caution 8 Consecutive years of global internet freedom declines has helped some semidemocratic countries fend off authoritarian-style internet controls over the past year. In May, Kenyan bloggers challenged the constitution- ality of criminal provisions against the spread of false 36 news, winning a suspension of the rules pending a final Countries with represen- court judgment. That same month, Malaysians voted tatives who attended Chinese in a prime minister who promised to rescind a recently trainings and seminars on new adopted law against fake news that was used by his media or information manage- predecessor in a failed attempt to sway the elections. ment Some countries are not just resisting setbacks, but making real progress on internet freedom. In a signif- 17 icant if imperfect step forward for user privacy, over Governments approved or 500 million citizens in the European Union gained new proposed laws restricting online rights over their personal data on May 25 as part of the media in the name of fighting General Data Protection Regulation. “fake news” and online manipula- tion Securing internet freedom against the rise of digital authoritarianism is fundamental to protecting democ- 18 racy as a whole. Technology should empower citizens to make their own social, economic, and political Countries increased choices without coercion or hidden manipulation. The surveillance, often eschewing in- internet has become the modern public sphere, and dependent oversight and weaken- social media and search engines have both tremen- ing encryption to gain unfettered dous power and a weighty responsibility to ensure that access to data their platforms serve the public good. If antidemocratic entities effectively capture the internet, citizens will be denied a forum to articulate shared values, debate nies have supplied telecommunications hardware, policy questions, and peacefully settle intrasocietal advanced facial-recognition technology, and data-an- disputes. Democracy also requires a protected private alytics tools to a variety of governments with poor sphere. The unrestrained and largely unexamined human rights records, which could benefit Chinese collection of personal data inhibits one’s right to be let intelligence services as well as repressive local author- alone, without which peace, prosperity, and individual ities. Digital authoritarianism is being promoted as a freedom—the fruits of democratic governance—can- way for governments to control their citizens through not be sustained or enjoyed. technology, inverting the concept of the internet as an engine of human liberation. If democracy is to survive the digital age, technology companies, governments, and civil society must work Throughout the year, authoritarians used claims of together to find real solutions to the problems of social “fake news” and data scandals as a pretext to move media manipulation and abusive data collection. closer to the China model. Governments in countries Multilateral and cross-sectoral coordination is required such as Egypt and Iran rewrote restrictive media laws to promote digital literacy, identify malicious actors, to apply to social media users, jailed critics under mea- and deny them the tools to fraudulently amplify their sures designed to curb false news, and blocked foreign voices. When it comes to protecting data, users must social media and communication services. China, be granted the power to ward off undue intrusions into Russia, and other repressive states are also demanding their personal lives by both the government and corpo- that companies store their citizens’ data within their rations. Global internet freedom can and should be the borders, where the information can be accessed by antidote to digital authoritarianism. The health of the security agencies. world’s democracies depends on it. 2
Freedom House 2018 FREEDOM ON THE NET IMPROVEMENTS AND DECLINES — Improved — Declined 100 — No score change NA CHI PIA N score IRA HIO 75 ET 18 A RI et 20 SY the N BA CU AM 50 m on N AN ET ST VI K I BE o Freed UZ AN ST KI UN GE 25 PA BIA AU UN CA IT RM RA IT ST ED ICELA NA A DI ED SO EST AN RA ST U DA SA KI UT LIA A Y N ONI H T G ND E AF D S RI T O YP A M CA EG JA PA 0 N ITA R AIN LY BAH GE ATES OR GIA AB EMIR ED AR FRA NCE UNIT ARM ENIA RUSSIA ARGEN TINA Internet freedom HUNGARY declined in 26 TURKEY PHILIPPINES countries, while only VENEZUELA COLOMBIA 19 made gains, most of SUDAN BRAZIL the gains minor. YA THAIL KEN AND A BEL ORE ARU THK S SOU IA ER MY NIG AN MA R SIA NI KA TU ZA KH N TA STA Y ZS AZ ER N I RG AW CA BA KY L M IJA A BO N M O TH DI IC A EX E R GA DO M M LA UA BI RW A GO EC AN DA ZI M AN RE DA AN BA BA BIA PO UG BW NG LIB INDIA JO GA ZAM LEB UKRAINE E L SRI LA YA INDONE MOROCCO AD RD MALAYSIA SIN ANO ES AN H NKA N SIA www.freedomhouse.org 3
FREEDOM The Rise of Digital Authoritarianism ON THE NET 2018 Tracking the Global Decline Freedom on the Net is a comprehensive study In almost half of the countries where internet of internet freedom in 65 countries around the freedom declined, the reductions were related to globe, covering 87 percent of the world’s inter- elections. Twelve countries suffered from a rise net users. It tracks improvements and declines in disinformation, censorship, technical attacks, in internet freedom conditions each year. The or arrests of government critics in the lead-up countries included in the study are selected to to elections. As Venezuela held a presidential represent diverse geographical regions and re- election in May to cement the authoritarian rule gime types. In-depth reports on each country can of Nicolás Maduro, the government passed a be found at www.freedomonthenet.org. vaguely written law that imposed severe prison sentences for inciting “hatred” online. Implemen- More than 70 analysts contributed to this year’s tation of the “Fatherland Card”—an electronic edition using a 21-question research method- identification system used to channel social ology that addresses internet access, freedom aid—stirred suspicions that data collected of expression, and privacy issues. In addition to through the device could be exploited to monitor ranking countries by their internet freedom score, and pressure voters. Ahead of general elections the project offers a unique opportunity to identify in July 2018, Cambodia experienced a surge in global trends related to the impact of information arrests and prison sentences for online speech, and communication technologies on democracy. as the government sought to broaden the arsenal This report, the eighth in its series, focuses on of offenses used to silence dissent, including a developments that occurred between June 2017 new lèse-majesté law that bans insults to the and May 2018. monarchy. Of the 65 countries assessed, 26 have been on Score declines in the Philippines and Kenya led an overall decline since June 2017, compared to status downgrades. The Philippines slipped with 19 that registered net improvements. The from Free to Partly Free as content manipulation biggest score declines took place in Egypt and Sri and cyberattacks threatened to distort online in- Lanka, followed by Cambodia, Kenya, Nigeria, the formation. Harassment of dissenting voices esca- Philippines, and Venezuela. lated, with authorities attempting to close down a local news website known for its critical coverage Even as the #MeToo movement successfully of President Rodrigo Duterte’s brutal war on exposed rampant sexual assault and harass- drugs. The media organization Vera Files, one ment in some parts of the world, two women in of several outlets to suffer cyberattacks during Egypt were arrested in separate incidents for the year, was hit with a distributed denial-of-ser- uploading video confessionals on Facebook to vice (DDoS) attack shortly after it published a decry such abuses in that country. Both were sensitive story about Duterte and his daughter’s accused of spreading false information to harm declaration of assets. In Kenya, which also moved public security; one, a visiting Lebanese tourist, from Free to Partly Free, online manipulation and was sentenced to eight years in prison. Egyptian disinformation targeted voters during the August authorities undertook a broader crackdown on 2017 elections, while a Cybercrime Law passed dissent by blocking some 500 websites, including in May 2018 increased the maximum penalty for those of prominent human rights organizations publishing “false” or “fictitious” information to 10 and independent media outlets. In Sri Lanka, years in prison if the action results in “panic” or authorities shut down social media platforms for is “likely to discredit the reputation of a person,” two days during communal riots that broke out in despite the fact that criminal defamation was March and led to at least two deaths. Rumors and ruled unconstitutional in 2017. An association of disinformation had spread on digital platforms, bloggers appealed provisions of the law, which sparking vigilante violence that predominantly were suspended for further review. These nega- targeted the Muslim minority. tive developments occurred against the backdrop 4
Freedom House of growing surveillance concerns and ongoing GLOBAL INTERNET POPULATION arrests of bloggers and ordinary social media us- BY 2018 FOTN STATUS ers for criticizing government officials or posting FOTN assesses 87 percent of the world’s alleged hate speech. internet user population. Internet freedom declined in the United States. The Federal Communications Commission Not Free Partly Free repealed rules that guaranteed net neutrality, 35% 33% the principle that service providers should not prioritize internet traffic based on its type, source, or destination. The move sparked efforts by civil society groups and state-level authorities to restore the protections on a local basis. In a blow to civil rights and privacy advocates, Congress re- authorized the FISA Amendments Act, including the controversial Section 702, thereby missing an opportunity to reform surveillance powers that allow the government to conduct broad sweeps in search of non-US targets and routinely collect Not Assessed Free the personal communications of Americans in 13% 20% the process. Despite an online environment that remains vibrant, diverse, and free, disinformation and hyperpartisan content continued to be of FREE pressing concern in the United States, particular- PARTLY FREE ly in the run-up to the 2018 midterm elections. NOT FREE Of the 19 countries with overall score improve- NOT ASSESSED ments, two—Armenia and the Gambia—earned upgrades in their internet freedom status. Armenia rose from Partly Free to Free after citizens successfully used social media platforms, communication apps, and live-streaming services Of the 65 countries to bring about political change in the country’s Velvet Revolution in April. The Gambia jumped assessed, 26 have been from Not Free to Partly Free, as restrictions have on an overall decline eased and users have posted content more freely since longtime dictator Yahya Jammeh was since June 2017, forced from office in early 2017. However, many draconian laws enacted under the former regime compared with 19 are still in place. While Ethiopia remained highly repressive, a new prime minister appointed in that registered net April 2018 immediately moved to reduce tight in- ternet restrictions and promised broader reforms. improvements. Prominent bloggers were released from prison, and citizens felt more free to speak out on social media and participate in their country’s potential transition from authoritarian rule. www.freedomhouse.org 5
FREEDOM The Rise of Digital Authoritarianism ON THE NET 2018 Major Developments China remakes the world in its techno-dystopian image US president Bill Clinton famously compared the Chi- Firewall, leading Apple to delete hundreds of the ser- nese government’s attempts to control the internet to vices from its local app store. “trying to nail Jell-O to the wall.” But over the last two decades, the country’s “Great Firewall” has grown into One of the most alarming developments this year has an alarmingly effective apparatus of censorship and been the uptick in state surveillance. In the western surveillance. This year, Beijing took steps to propagate region of Xinjiang, home to the country’s Uighur Mus- its model abroad by conducting large-scale trainings lim minority, facial recognition technology and other of foreign officials, providing technology to author- advanced tools are being used to monitor the local itarian governments, and demanding that interna- population and thwart any actions deemed to harm tional companies abide by its content regulations “public order” or “national security.” Leaked docu- even when operating outside of China. These trends ments and other evidence revealed in August sug- present an existential threat to the future of the open gested that as many as a million Muslims may be held internet and prospects for greater democracy around in internment camps in Xinjiang, where they endure a the globe. “reeducation” process meant to forcibly indoctrinate them. Many detainees are held as a result of their nonviolent online activities. Internet controls within China reached new extremes in 2018 with The abuses in Xinjiang foreshadow the impact of the nascent nationwide Social Credit System, which the implementation of the sweeping rates citizens’ “trustworthiness” by combining data on their online and offline behavior. Local activists have Cybersecurity Law and upgrades to already reported having their freedom of movement curtailed after being blacklisted for their criticism of surveillance technology. government policies, and the Social Credit System may lead to many more repercussions of this kind. A government website contains a list of the names and The China model at home identification numbers of individuals who have “lost” Internet controls within China reached new extremes their social credit, as well as up-to-date statistics on in 2018 with the implementation of the sweeping exactly how many millions of people are banned from Cybersecurity Law and upgrades to surveillance air and rail travel. Planning documents call for the sys- technology. The law centralizes all internet policy tem to be expanded to businesses, which could entail within the Cyberspace Administration of China (CAC), de facto blacklisting of foreign companies that refuse strengthens obligations for network operators and to abide by Chinese rules on contentious political and social media companies to register users under their human rights issues. real names, requires that local and foreign companies work to “immediately stop transmission” of banned In what may or may not be a coincidence, state content, and compels them to ensure that all data officials gave licenses to eight companies in 2015 to about Chinese users is hosted within the country. The establish privately run credit platforms. Ant Financial, Cybersecurity Law has been followed by hundreds of an affiliate of the e-commerce conglomerate Alibaba, new directives—an average of nearly one every two runs a voluntary service called Sesame (Zhima) Credit, days—to fine-tune what netizens can and cannot do which combines aspects of the United States’ FICO online. Among other steps, authorities have cracked scores, a corporate loyalty program, and a computer down on the use of VPNs to circumvent the Great game. Individuals can boost their score (ranging from 6
Freedom House Activists of the ‘Society for Threatened Peoples’ in Berlin demonstrate wear- ing computer monitors with a portrait of Chinese President Xi Jinping on July 9, 2018, prior to a meeting between German Chancellor and Chinese Premier. (TOBI- AS SCHWARZ/AFP/Getty Images) 350 to 950) by making charitable donations, pur- his plan to transform China into a “cyber superpower.” chasing products linked to good citizenship (such as He offered up the country’s model of governance—in- diapers), and befriending others with high scores. Ant cluding its management of the internet—as “a new Financial has partnered with hundreds of companies option for other countries and nations that want to and institutions to provide benefits for those with high speed up their development while preserving their scores, ranging from waived deposits at hotels and independence.” But rather than simply leading by rental-car agencies to expedited security access at example, this year Beijing took major steps to estab- airports. lish its standards and practices around the world, in keeping with a detailed vision outlined not only in Xi’s Much reporting on the issue has conflated the private past speeches but also in party policy journals. and state-run systems. In practice, the Social Credit System probably poses a greater threat to civil liber- For example, users of WeChat, China’s locally devel- ties than any private initiative. But in a country where oped social media platform, complained of censorship political dissent is a serious criminal offense, services even when accessing the service outside of the coun- like Sesame Credit can be compelled by authorities to try. US companies like Delta, United, and American hand over all of the data they have collected on their Airlines acceded to Chinese demands to list Taiwan customers’ daily lives. Sesame Credit also incor- as a part of China on their websites. The CAC blocked porates data from the Social Credit System into its the hotel company Marriott’s website and booking app ratings, amplifying the impact of any appearance on a after it included Taiwan, Hong Kong, Tibet, and Macau government blacklist. The government will likely study in a list of “countries” in a customer survey, which the the effectiveness and popularity of private credit agency said had “seriously violated national laws and ratings ahead of the full rollout of its own Social Credit hurt the feelings of the Chinese people.” Service was System set for 2020. unblocked after the company issued a statement asserting its support for the “sovereignty and terri- A new flair for exporting the model under Xi torial integrity of China” and distancing itself from Speaking at the Chinese Communist Party Congress “separatist groups.” Mercedes-Benz issued a similar in October 2017, President Xi Jinping publicly outlined apology after an advertisement for the automaker on www.freedomhouse.org 7
FREEDOM The Rise of Digital Authoritarianism ON THE NET 2018 Instagram featured a quote from the Dalai Lama, the for visitors to learn about “the Chinese Dream” and exiled Tibetan spiritual leader. “the important role played by new media in domestic and international affairs,” including China’s develop- One key avenue for China’s multifaceted expansion- ment model. A three-week “Seminar for Senior Media ism is the Belt and Road Initiative (BRI), a trillion-dol- Staff in Arab Countries” brought in representatives lar international development strategy focused on from Egypt, Jordan, Lebanon, Libya, Morocco, Saudi infrastructure projects that enhance Chinese trade Arabia, and the United Arab Emirates. and influence in the host countries. The BRI includes a “digital Silk Road” of Chinese-built fiber-optic While it is not always clear what transpires during networks that could expose internet traffic to greater such seminars, a training for Vietnamese officials in monitoring by local and Chinese intelligence agen- April 2017 was followed in 2018 by the introduction cies, particularly given that China is determined to set of a cybersecurity law that closely mimics China’s own the technical standards for how the next generation law. Increased activity by Chinese companies and of traffic is coded and transmitted. To this end, China officials in Africa similarly preceded the passage of has organized forums where it can impart its norms restrictive cybercrime and media laws in Uganda and to authoritarian-leaning governments, like the 2017 Tanzania over the past year. World Internet Conference in Wuzhen. Chinese companies under the spotlight China’s charm offensive Chinese companies are playing a prominent role in against internet freedom the country’s push for telecommunications domi- As part of its multilateral efforts, Beijing is cultivating nance, having installed internet and mobile network media elites and government ministers around the equipment in at least 38 countries. Some of these world to create a network of countries that will follow firms are private enterprises and may have their own its lead on internet policy. Chinese officials have held reasons for making such investments, but all are also trainings and seminars on new media or information beholden to the government and its strategic goals. management with representatives from 36 out of the State-owned China Telecom, China Unicom, and Chi- 65 countries covered in this survey. na Mobile are laying down the digital Silk Road, with fiber-optic links to Myanmar, Kyrgyzstan, and Nepal, among other countries. A company called H3C has al- Beijing is cultivating media elites and ready won contracts to build the telecommunications government ministers around the world network for airports in Nigeria and the port of Gwadar in Pakistan. Huawei is building Latin America’s largest to create a network of countries that will public Wi-Fi network in Mexico, Bangladesh’s 5G mobile network, and Cambodia’s 4.5G service, and is follow its lead on internet policy. advising the Kenyan government on its “master plan” for information and communication technologies. Last November, China hosted a two-week “Seminar Chinese firms have also provided high-tech tools of on Cyberspace Management for Officials of Countries surveillance to governments that lack respect for along the Belt and Road Initiative.” Visiting officials human rights. In 18 of the 65 countries assessed by toured the headquarters of a company involved in “big Freedom House, enterprises such as Yitu, Hikvision, data public-opinion management systems,” including and CloudWalk are combining advances in artificial tools for real-time monitoring of negative public opin- intelligence and facial recognition to create systems ion and a “positive energy public-opinion guidance capable of identifying threats to “public order.” Cloud- system.” Walk signed an agreement with Zimbabwe to build a national facial recognition database and monitoring Often the trainings are focused on a specific country. system. Citizens had no say in the deal, under which Media officials and prominent journalists from the Zimbabwe will send biometric data on millions of its Philippines visited China for two weeks in May 2018 to people to China to help train CloudWalk’s artificial learn about “new media development” and “socialist intelligence (AI) programs to recognize faces with journalism with Chinese characteristics.” A similar darker skin tones. Such collaboration and the data it conference for senior media staff from Thailand was provides not only enhance the Chinese government’s described by Chinese news outlets as an opportunity own tech-infused policing capacity, but also renders 8
Freedom House THE WORLD IS BUYING WHAT CHINA IS SELLING Chinese companies are building the technological infrastructure of the 21st century, and Chinese officials are training many of their counterparts on how to use it. The table below refers to events from January 2017 until the publication of this report. l –Telecom l – AI Surveillance: l – Trainings: Local Infrastructure: Intelligent moni- media elites and Internet and toring systems and government officials mobile network- facial recognition hosted in China for ing equipment technology devel- weeks-long seminars installed by Chi- oped by Chinese on new media or infor- nese companies companies mation management PF Libya PF FOTN 2018 Status Angola l l l l PF F – FREE Armenia F l Malawi l l PF – PARTLY FREE Australia F l Malaysia PF l NF – NOT FREE Azerbaijan PF l Mexico PF l Bahrain NF l Morocco PF l l Bangladesh PF l l Myanmar NF l l Belarus NF l l Nigeria PF l l Brazil PF l Pakistan NF l l l Cambodia PF l l Philippines PF l Canada F l Russia NF l Cuba NF l Rwanda PF l l l Ecuador PF l l Saudi Arabia NF l l Egypt NF l l Singapore PF l l Ethiopia NF l l South Africa F l l France F l Sri Lanka PF l l l The Gambia PF l Sudan NF l l Georgia F l Syria NF l Germany F l l Thailand NF l Hungary F l Tunisia PF l India PF l l Uganda PF l Indonesia PF l Ukraine PF l Iran NF l l United Arab Emirates NF l l Italy F l United Kingdom F l Japan F l Uzbekistan NF l Jordan PF l Venezuela NF l l l Kazakhstan NF l Vietnam NF l Kenya PF l l l Zambia PF l l l Kyrgyzstan PF l Zimbabwe PF l l l Lebanon PF l l # of countries 38 18 36 www.freedomhouse.org 9
FREEDOM The Rise of Digital Authoritarianism ON THE NET 2018 the companies’ products more effective and attractive System or otherwise comply with antidemocratic to foreign autocrats. standards and practices. As more of the world’s critical telecommunications in- Citizens can also hold companies accountable for frastructure is built by China, global data may become compromising their commitments to democratic more accessible to Chinese intelligence agencies. All values for the sake of access to China’s lucrative companies operating in China are obligated by law to market. In an internal company letter from August, insert a back door that allows local authorities to read some 1,400 Google employees called for greater encrypted data. The systems these companies install transparency after media reports revealed plans to abroad may have similar vulnerabilities. In January launch a censored search and mobile news service in 2018, African Union security staff reported that their China, in which users’ activity would be linked to their computer systems had been sending confidential telephone numbers. Similar internal pressure in June data back to Shanghai every day for five years. China led the company to reevaluate its work with the US had spent $200 million constructing the AU’s new Defense Department in the field of artificial intelli- headquarters in Addis Ababa, including its computer gence; chief executive Sundar Pichai publicly pledged network. not to pursue AI applications, including surveillance tools, that are likely to cause harm or contravene Such incidents have led to greater scrutiny of “widely accepted principles of international law and Chinese companies in democracies. In August, human rights.” the United States banned government agencies and contractors from using certain products from As China strives to become an AI powerhouse by Huawei, ZTE, and several other Chinese technology 2030, the moral and ethical concerns surrounding the firms. Testifying before the Senate, US intelligence technology deserve greater attention. Like nuclear chiefs had warned citizens against using Huawei and science, AI will inevitably fall into the hands of gov- ernments that seek to use it for authoritarian ends. As more of the world’s critical Democracies will face temptations as well, given the appeal of AI applications for everything from e-com- telecommunications infrastructure is merce to national security. Ensuring that government agencies and private companies abide by ethical codes built by China, global data may become will require constant vigilance by civil society, investiga- tive journalists, and official oversight bodies, the last of more accessible to Chinese which may play a key role in preventing the transfer of intelligence agencies. advanced technology that can be used for both benign and malign purposes to countries like China. ZTE products, with Federal Bureau of Investigation But the best way for democracies to stem the rise director Christopher Wray stating his deep concern of digital authoritarianism is to prove that there is a “about the risks of allowing any company or entity better model for managing the internet. This entails that is beholden to foreign governments that don’t tackling social media manipulation and misuse of share our values to gain positions of power inside data in a manner that respects human rights, while our telecommunications networks.” Australia also preserving an internet that is global, free, and secure. banned local providers from purchasing 5G equip- Democratic governments will have to devote much ment from Huawei and ZTE and instructed military greater diplomatic and other resources to countering personnel not to use WeChat on their mobile phones China’s charm offensive on the international stage. due to security concerns. More governments are turning to China for guidance and support at a time when the United States’ global How democracies can push back leadership is on the decline, and the acquiescence of Democracies have a number of options for slowing foreign companies to Beijing’s demands only embold- China’s techno-dystopian expansionism, from tighten- ens the regime in its effort to rewrite international ing import and export controls to imposing sanctions rules in its favor. If democracies fail to advance their on tech companies that enable human rights abus- own principles and interests with equal determina- es. They can also help defend their own companies tion, digital authoritarianism will become an inescap- from demands to participate in China’s Social Credit able reality almost by default. 10
Freedom House Citing fake news, governments curb online dissent Like “terrorism,” the term “fake news” has been co-opt- ed by authoritarian leaders to justify crackdowns on Global internet user stats dissent. Deliberately falsified or misleading content is a genuine problem, but some governments are using it as a pretext to consolidate their control over information. In the past year, at least 17 countries Nearly 3.7 billion people have access to the internet. approved or proposed laws that would restrict online media in the name of fighting “fake news” and online According to Freedom House estimates: manipulation. Effectively countering disinformation and violent extremism online will require smart solutions rang- 71% live in countries where ICT ing from digital literacy education to partnerships users were arrested or imprisoned for between civil society and tech companies. Yet many posting content on political, social, or of the states mulling new media laws are more religious issues. concerned about asserting political dominance in 55% the online sphere than protecting their populations from false news. Governments in Belarus, Cambodia, live in countries where China, Egypt, Iran, and Russia all took steps to silence political, social, or religious content was independent voices, essentially arguing that only the blocked online. state can be trusted to separate truth from fiction. Even democracies are at risk, as the fervor over “fake news” threatens to propel overreaching restrictions on freedom of expression and the outsourcing of key 48% live in countries where individ- censorship decisions to ill-equipped and often opaque uals have been attacked or killed for their tech companies. online activities since June 2017. 47% Making everyone a journalist, in countries where journalism is a crime live in countries where the A number of governments are moving to regulate surveillance powers of the authorities in- social media users as media outlets in order to legit- creased in the past year, threatening user imize further crackdowns on online speech. Egypt, a rights to privacy. country that ranks third in the world for the number of journalists behind bars, passed new legislation over the summer that requires all social media users with more than 5,000 followers to procure a license 47% live in countries where access from the Higher Council for Media Regulation. The to social media or messaging platforms law bears a strong resemblance to measures passed were temporarily or permanently blocked. earlier in other countries: Cambodia now requires all 42% websites to register with the Ministry of Information as part of a directive passed in July that also pre- live under governments that scribed jail sentences of up to two years for spread- disconnected internet or mobile networks, ing fake news online; some of the country’s last often for political reasons. remaining independent news sites have been shut- tered or sold off as part of an ongoing crackdown on the press. In June 2017, China began implementing regulations that ban some social media accounts from posting news without a permit, while in January www.freedomhouse.org 11
FREEDOM The Rise of Digital Authoritarianism ON THE NET 2018 Authoritarian leaders have targeted entire news orga- nizations under the guise of combating fake news. In Kazakhstan, online media outlets Ratel and Forbes.kz faced criminal charges of spreading false informa- tion after businessman and former top government official Zeinulla Kakimzhanov filed a complaint over stories that accused him of involvement in corruption. Lawmakers in the Philippines proposed criminalizing the dissemination of false news with malicious intent. President Rodrigo Duterte has attacked the investi- gative media site Rappler as a “fake news outlet” and sought to shut it down in January over alleged foreign funding violations. Shutting down internet access While more repressive governments tend to use false news and hate speech as an excuse to curb dissent or independent reporting, inflammatory lies on social media remain an urgent problem in many countries, An authorized rally in 2017, administrators of Telegram groups with over and some have responded by cutting off access protest against internet 5,000 followers were asked to register with author- entirely. censorship takes place in central Moscow. (Photo by ities in Iran. Russia pioneered these tactics with a Vladimir Gerdo\TASS via 2014 law that required the registration of blogs with Authorities in India and Sri Lanka temporarily shut Getty Images) over 3,000 monthly visitors as media outlets. The down mobile networks or blocked social media apps Russian law also made bloggers liable for the “accu- during riots and protests, claiming that the measures racy” of their content, in a legal environment where were necessary to halt the flow of disinformation and criticism of the government is often deemed false or incitement to violence. In March, online rumors that extremist. Muslims were trying to sterilize Sinhalese Buddhists in Sri Lanka led a group of Buddhist men to beat a India leads the world in the number Muslim man and set fire to his shop. In the ensuing weeks, extremists used Facebook to implore followers of internet shutdowns, with over 100 to “rape without leaving an iota behind” and “kill all Muslims, don’t even save an infant.” Authorities react- reported incidents in 2018 alone. ed by blocking four social media platforms that they said were amplifying hate speech. Jailing dissidents for spreading false news India leads the world in the number of internet Many governments are enforcing criminal penalties shutdowns, with over 100 reported incidents in 2018 for the publication of what they deem false news. In alone. Users in the state of Tamil Nadu shared a video 2018, 13 countries prosecuted citizens for spreading showing a child being kidnapped by a masked motor- false information. Rwandan blogger Joseph Nkusi was cyclist on WhatsApp, along with an audio message sentenced in March 2018 to 10 years in prison for warning that 200 “Hindi-speaking” child kidnappers incitement to civil disobedience and the spreading were entering the state. The video was actually from of rumors, having questioned the state’s narrative on a public-service announcement against child kid- the 1994 genocide and criticized the lack of political napping in Karachi, Pakistan. Mobs killed at least two freedom in the country. Police in Bangladesh arrested people and physically assaulted several others who media activist Shahidul Alam only hours after he live- were mistaken for kidnappers. streamed a video on Facebook in which he decried a disproportionate crackdown on protesters in August. Shutdowns are a blunt instrument for interrupting the Alam faces a prison sentence of up to seven years for spread of disinformation online. By cutting off service spreading false news against the government under during such incidents, governments often deny entire the ICT Act, which has been invoked to detain dozens cities and provinces access to communication tools of social media users over the past year. at a time when they may need them the most, wheth- 12
Freedom House er to dispel rumors, check in with family members, or ongoing pressure in the United States to rescind “safe avoid dangerous areas. In practice, shutdowns serve harbor” protections in Section 230 of the Communi- as a substitute for more effective policymaking to cations Decency Act. Without the provision, compa- counter online manipulation without disproportionate nies that make mistakes when attempting to remove restrictions on freedom of expression and access to banned content could be held liable for allowing illegal information. activities on their platforms, encouraging them to err on the side of censorship rather than protecting Outsourcing censorship to legitimate expression. social media companies Even in democracies with a high level of digital literacy, The promise of broad collaboration it is often hard to distinguish between trusted sources to counter disinformation from one’s own community and information created More constructive solutions arise out of collabora- by a fake-news factory in Macedonia, a troll army in tion among civil society groups, governments, and Russia, or an intelligence unit in Iran. Policymakers tech companies. Italian lawmakers have partnered have focused their ire on tech companies for failing to with journalists and tech firms to pilot a nationwide keep fraudulent content off their platforms, or con- curriculum on spotting online manipulation. In the versely, for taking down posts or curating news in a way US, several states have passed or proposed laws to that seems to privilege certain political leanings. US increase media literacy programs in local schools. president Donald Trump—who popularized the term The civic education initiatives include efforts to “fake news” as a smear for outlets that report critically teach students to evaluate the credibility of online on his policies—claimed in August that Google search media sources and identify disinformation. Many of results for the term “Trump News” are “rigged” to the laws require state education officials to engage promote negative articles. Such controversies demon- with media literacy organizations in the creation of strate the challenges faced by tech companies that their curriculums, and are based on model legislation are compelled to make difficult decisions about what backed by civil society experts. WhatsApp, which is constitutes appropriate speech. The task is especially owned by Facebook, is working together with seven fraught given that they lack the transparency, account- organizations in India to draft a digital literacy train- ability, and public input associated with governmental ing program for its users. or judicial decision-making in a democracy. Some democracies have increased companies’ legal Some democracies have increased liability for third-party content appearing on their plat- forms, hoping that this will force them to police illegal companies’ legal liability for third-party speech. The European Union is currently mulling rules that would require social media companies to remove content appearing on their platforms, content that violates the laws of its 28 member hoping that this will force them to states. The initiative came as Germany’s Social Media Enforcement Law (known as NetzDG) came into force police illegal speech. last October, obliging social media platforms with over two million local users to monitor and remove “obvi- Social media companies are also working with civil ously illegal content” or face fines of up to €50 million. society to identify disinformation on their platforms. Dozens of different German laws contain provisions Facebook’s collaboration with DFRLab at the Atlantic limiting certain forms of expression, from defamation Council in the United States led to the discovery of of religion to depictions of violence. It is left to the fake accounts controlled by entities in Russia and companies to interpret these statutes and take action, Iran. Comprova, an initiative by the nonprofit First affecting users without any due process or prior Draft and the Brazilian Association of Investigative approval from a court. Imposing similar requirements Journalists (ABRAJI), brings together 24 Brazilian on tech companies across the EU would likely result news outlets to identify and counter disinformation in greater confusion and missteps that could unduly ahead of the country’s elections. The project marks harm freedom of expression. the first time a journalists’ association has been granted access to WhatsApp’s business API (applica- Protections against intermediary liability are also tion programming interface), which will improve the eroding on the other side of the Atlantic. There is group’s ability to reach audiences on the platform. www.freedomhouse.org 13
FREEDOM The Rise of Digital Authoritarianism ON THE NET 2018 Lebanese people gather to stage a protest at Samir Kassir Square in Beirut after security forces took social media users into police custody in July 2018. (Photo by Wassim Samih Seifed- dine/Anadolu Agency/ Getty Images) Through a partnership with Facebook, the Argentin- often blurred. But forcing private companies to do the ean organization “Chequeado” runs a bot that auto- same—without proper safeguards—can also damage matically matches media claims on the network with individual rights, reducing transparency and due pro- fact-checking research. cess while allowing public officials to shift the blame for any abuses. These examples of cooperation show how govern- ment, civil society, and tech companies can play a Such problems can be mitigated if local laws on productive and healthy role in protecting the digital illegal content respect international human rights norms, companies’ content moderation practices sphere from manipulation. Governments should use are transparent, and users have an avenue for ap- caution when asking the private sector to perform peal against improper deletions. Whenever possible, a task that they are unwilling and unable to perform companies should establish a mechanism for input themselves: Proactively or preemptively assessing the from civil society experts in the countries where legality of billions of online posts would require mas- they operate. Social media firms can also incorpo- sive additional resources and constitute a worrying rate democratic principles into their decision-mak- intrusion of the government into social media, where ing by promoting public participation and open the line between public and private communication is deliberation, ensuring that policies are implement- ed in a way that does not violate the human rights Protecting the digital commons from of their users. manipulation without harming human For democracy to thrive, citizens must have freedom rights will require innovation and of expression and access to a public forum that allows rational discourse. Protecting the digital commons increased investments from states, tech from manipulation without harming human rights will require innovation and increased investments from companies, and civil society alike. states, tech companies, and civil society alike. 14
Freedom House Authorities demand control over personal data In many ways, the internet erases borders. But as companies that allow such access. Other new provi- governments recognize the importance of the data sions from the past year require communication apps flowing in and out of their countries, they are estab- to register users under their real names, so that they lishing new rules and barriers in the name of national can be identified by law enforcement agencies. And sovereignty, allowing officials to control and inspect antiterrorism provisions that came into force in July such information at will. Governments in 18 out of require telecommunications firms and other compa- 65 countries have passed new laws or directives to nies to store the content of users’ online communi- increase state surveillance since June 2017, often cations for up to six months, in addition to metadata, eschewing independent oversight and exposing and provide the Federal Security Service (FSB) with individuals to persecution or other dangers in order to unfettered access to both. gain unfettered access. Some of these countries now require that tech firms Russian authorities blocked Telegram store their citizens’ data on local servers, with the due to its refusal to make encrypted data stated intention of either making the records more accessible to national security agencies or protect- accessible to the FSB. ing them from theft or exploitation by others. China, Russia, Vietnam, Nigeria, and Pakistan have already instituted data localization requirements. The gov- The most high-profile example of Russia’s enforce- ernment in India, home to the world’s second-largest ment of data sovereignty involves Telegram. The population of internet users after China, has proposed secure messaging app was widely used to hold private similar rules on privacy grounds. Although the country conversations in what is otherwise a heavily policed scored a major victory for internet freedom when its environment. In April, authorities blocked the service Supreme Court ruled in August 2017 that Indians due to its refusal to comply with laws that require have a fundamental right to privacy, it has also been tech companies to make encrypted data accessible plagued by security breaches. to the FSB. When Telegram used various methods to overcome the initial blocking, the state internet regu- On the surface, data localization appears to be a lator ordered the obstruction of at least 18 million IP rational response to such concerns, but it makes little (internet protocol) addresses in an escalating game of difference to transnational hackers whether Indians’ whack-a-mole, bringing down news sites, smart tele- personal data are located in Bangalore or Boston. vision sets, and even airline ticketing systems in the Moreover, Indian authorities have already proven to process. Telegram’s self-exiled founder, Pavel Durov, be poor custodians of citizens’ information. In 2018, had previously sold off VKontakte, Russia’s most pop- researchers discovered a number of breaches in ular social media company, amid growing pressure to India’s national biometric database, named Aadhar, provide the government with information on its users. leaving the data of 1.1 billion people vulnerable to With Telegram, he vowed to create new social media identity thieves and other malicious actors. The scan- technology that would be far more resistant to state dal demonstrated the urgent need for reforms to the control. country’s data protection framework, beyond simply requiring that data be stored locally. Intelligence agencies afraid of going dark Though their motives and methods differ from those The Kremlin’s intrusive gaze of the Kremlin, democratic governments are voicing Russia took significant steps over the past year to their own determination to overcome encryption increase data sovereignty. Lawmakers passed restric- when national security is at stake. Government minis- tions on virtual private networks (VPNs) in July 2017, ters of the so-called Five Eyes intelligence alliance— ostensibly to prevent users from accessing banned Australia, Canada, New Zealand, the United Kingdom, sites that are hosted outside the country. A subse- and the United States—released a statement calling quent bill introduced this year includes fines for VPN on companies to “voluntarily establish lawful access www.freedomhouse.org 15
FREEDOM ON THE NET 2018 United States Iceland Canada United Kingom Ger France United States T Morocco Mexico Cuba The Gambia Niger Venezuela Colombia Ecuador Brazil Argentina FREE PARTLY FREE NOT FREE NOT ASSESSED 16
Russia Estonia Belarus rmany Ukraine Kazakhstan Hungary Italy Georgia Azerbaijan Kyrgyzstan Turkey Uzbekistan Armenia Japan South Korea Tunisia Syria China Lebanon Iran Jordan Libya Bahrain Pakistan Egypt UAE India Bangladesh Saudi Arabia Myanmar Sudan Thailand Vietnam ria Cambodia Philippines Ethiopia Malaysia Sri Lanka Uganda Singapore Kenya Rwanda Indonesia Angola Malawi Zambia Zimbabwe Australia South Africa Status Countries FREE 15 PARTLY FREE 30 Freedom on the Net 2018 assessed 65 countries NOT FREE 20 around the globe. Total 65 www.freedomhouse.org 17
FREEDOM The Rise of Digital Authoritarianism ON THE NET 2018 solutions” for encrypted content or face possible defense, thus failing to curtail rampant data collec- government attempts to break into their systems. tion by governments. Uncertainties remain over how The latest draft surveillance bill in Australia contains several articles will be implemented in practice, such vague language that could require companies to build as a provision that could allow a company’s “legitimate “back doors” into their encryption technology. Such a interests” to supersede a person’s right to privacy. And policy would effectively create security vulnerabilities the rules incorporate the EU’s problematic “right to be in the companies’ services, driving away users and forgotten,” under which public figures have attempted facilitating intrusions not just by friendly governments, to delete articles or data they deem to be unflattering. but by hostile powers and criminals as well. Nevertheless, the GDPR is one of the most ambi- The governments of France, Germany, Hungary, tious attempts to regulate data collection in the 21st and the United Kingdom have also ramped up the century. It applies to all companies and organizations surveillance powers of their intelligence services with that process data on Europeans, compelling firms the aim of disrupting terrorist networks. While this is around the world to change their privacy policies and intended to protect citizens’ safety, it often weakens terms of service before the implementation deadline. crucial judicial oversight meant to protect their basic Numerous data-mining companies simply halted their rights. Italy passed a law in November 2017 that operations in an implicit admission that their practic- requires telecommunications operators to store tele- es could not withstand scrutiny under the new rules. phone and internet data for up to six years, despite a 2014 EU Court of Justice ruling that such rules consti- The GDPR also created a framework for the free tuted a disproportionate infringement on privacy. movement of personal data within the EU’s 28 member states, and in any other country that institutes a high Democratic governments are voicing level of personal data protection. EU officials have moved to lift any data localization requirements within their own determination to overcome the bloc, such as those previously put in place by Ger- many. The EU has entered talks with Japan to allow for encryption when national security frictionless data exchanges with that country. Howev- er, an existing deal with the United States, known as is at stake. Privacy Shield, has come under increased pressure this year from members of the European Parliament who The privacy policy update felt around worry that EU citizens’ data are not afforded the same the world protections when processed in the US. In response to fears about ubiquitous collection and the inherent insecurity of personal data, many Protecting user data on a global internet countries are enacting legislation that grants individ- Governments, private companies, and researchers are uals the right to control how their data are collected, increasingly hungry for large amounts of personal in- processed, and shared by public and private entities. formation, using it for purposes ranging from political At least 15 countries considered data protection laws repression to the development of artificial intelligence since June 2017, and at least 35 already have a data algorithms. Individuals often have few options for re- protection law on the books. sisting this demand, short of disengaging from major aspects of modern life. The data protection laws that have been proposed or passed in Argentina, Brazil, and Indonesia bear a strong Rather than forcing users to make such a stark choice, resemblance to the EU’s General Data Protection Regu- governments and technology companies should strive lation (GDPR), which came into effect in May 2018. to increase transparency regarding how personal data are used, enable data portability between platforms, The GDPR requires data holders to obtain more mean- and allow people to review and delete all data col- ingful consent, increase transparency about what data lected about them—steps that some of the largest are collected and why, and provide a way for users to companies have already taken. download, transfer, or delete their information. One innovative national model can be found in Estonia, It is not a silver bullet for digital rights. The regulation a country that tied with Iceland for the best internet does not apply to matters of national security and freedom score in this survey. Its X-Road platform for 18
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