Image lifted from this blog.
Rebecca MacKinnon has an update that cites a wonderful post from Imagethief. He really captures my own feelings about this, better than I ever could.
As for the “obeying local laws defense”, I have criticized that in this space previously. Certainly China is going to impose unique constraints on foreign companies operating within its borders, and I don’t think the solution is necessarily for those companies to quit China (not least because my job depends on them being here). But the question that situations –and excuses– like this raise for American tech-media companies is this: where is your ethical horizon? Every country has its own laws and regulations. Some are more egregious than others. Some are indefensible. When do a company’s values supercede its desire to make money and generate shareholder return? Does that point exist in the absence of public scrutiny? Perhaps some American tech-media companies would like to articulate what kind of “local laws and regulations” would push them too far?
I’ve had this debate countless times with several people. I guess the bottom-line question is, when is it time to say No? Is profit the only factor to consider? If so, is IBM (and the Bush family) beyond criticism for doing business with the Nazis long after it was clear that their intentions were undisguisedly evil? If so, we have no right to criticize China for cuddling up with Mugabe and Saddam Hussein and other mass murderers. After all, it’s strictly business, even if the consequences of this business could lead to human suffering and death.
That’s no exaggeration. Let’s see what Microsoft’s most famous blogger has to say:
I have been talking to lots of people today, though, inside and outside of Microsoft. In every instance they asked me to keep those conversations confidential. Why? Cause we’re talking about international relations here and the lives of employees. I wish I could go into it more than that, but I can’t. Not yet. See, it’s real easy as Americans to rattle the door and ask for change, but we don’t live there. Saying “give them the finger” isn’t that easy when there are real human lives at stake. And I don’t need to spell out what I’m talking about here, do I?
No Robert, you don’t need to spell it out, but maybe you should, because your readers in America really might not know just how risky things can be in China for those who go against the machine. People can be arrested and even tortured and, as you strongly imply (“there are real human lives at stake”), their lives put at risk. Yet we are bending over backwards to accommodate the perpetrators of the repression. As Imagethief so eloquently says, is there no place where we draw a line? Do we obey every law and regulation of the local government even if it goes contrary to basic human rights and ethics?
There are all sorts of sub-issues here, most of them leading back to the rights of a company to do business as it pleases. And I don’t question the company’s rights to do it. They have that right. But I also have a right to say they are doing something that I believe is blatantly wrong. I have the right to say that just because they can do it doesn’t mean they should.
In the earlier thread on this topic, a commenter writes:
So what you’re saying is that once you’ve posted something, the provider (owner) of the forum and property being used to disseminate what you’ve posted has no right to remove that posting, even if he has reserved that right in your initial agreement? Ultimately this means that the right to self-expression (or non-expression) of one party trumps that of another.
No, I’ve never said that. But if you are running a blog service and you take it on yourself to delete entire blogs because you’re nervous about or displeased with their content (presuming it is not criminal, like child porn or selling drugs), then you are definitely in the wrong business and you’d better be damned well-prepared to take the heat from your action.
These issues are being heatedly discussed in the comments to both MacKinnon’s and Scoble’s posts. Frankly, I am amazed at just how much slack we are willing to give corporations when it comes to making profits. I know, profits are good, free enterprise is essential. But if jewelry companies are buying products made at the needless expense of Chinese miners’ lives, or if Microsoft is expanding its empire by complying (and over-complying) with repressive laws, I think it deserves to be exposed and discussed. As Rebecca says at the end of her great post:
If these American technology companies have so few moral qualms about giving in to Chinese government demands to hand over Chinese user data or censor Chinese people’s content, can we be sure they won’t do the same thing in response to potentially illegal demands by an over-zealous government agency in our own country? Can we trust that they’re not already doing so?
When it comes down to interests of government vs. interests of the individual it seems pretty clear where their default position lies.
Will users and investors push for an attitude change? Can we convince them that disrespecting the universal human rights of users anywhere and everywhere will be bad for their business in the long run? Or will we all sit there like frogs in water being brought very slowly to a boil?
Not all of us. But again, I’m amazed at how many are willing to not only sit there like frogs, but who actually seem to be delighting in the water’s rising temperature.
Comments