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US Lawmakers to Keep Google Out of China?

caese writes "USATODAY is reporting that lawmakers in the US are proposing legislation that would keep Google and others out of China. From the article: 'Rep. Chris Smith, R-N.J., is drafting a bill that would force Internet companies including Google, Yahoo and Microsoft to keep vital computer servers out of China and other nations the State Department deems repressive to human rights.'"

31 of 491 comments (clear)

  1. Who's being repressive? by Ced_Ex · · Score: 3, Interesting

    Rep. Chris Smith, R-N.J., is drafting a bill that would force Internet companies including Google, Yahoo and Microsoft to keep vital computer servers out of China and other nations the State Department deems repressive to human rights.'"

    Seems almost ironic doesn't it?

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    1. Re:Who's being repressive? by Tackhead · · Score: 4, Insightful
      > > Rep. Chris Smith, R-N.J., is drafting a bill that would force Internet companies including Google, Yahoo and Microsoft to keep vital computer servers out of China and other nations the State Department deems repressive to human rights.'"
      >
      >Seems almost ironic doesn't it?

      See the earlier thread on politicians making themselves exempt from the CAN-SPAM law while they were drafting it. The logic boils down to "it's not spam when we do it!".

      Likewise, it's not repression when we do it. The conjugation of the verb "repress" is as follows:

      We protect.
      Our allies monitor.
      Our adversaries repress.

    2. Re:Who's being repressive? by Golias · · Score: 4, Insightful

      No... it's not a human right to have Yahoo and Google, that you are correct.

      But is it right for the US govt to say who Yahoo and Google can do business with?


      Yes. Yes it is.

      Countries regulate commerce, sometimes for political reasons. They are called "trade sanctions" and are the reason, among other things, that black folks in South Africa are now able to participate in their own government.

      Now, as to the question of whether this particular sanction is a good idea, I'm inclined to say "no."

      We've been a political rival of China's ever since Chairman Mao took over, but we've also been a friendly trade partner going all the way back to Nixon's visit. Trade between the US and China seems to have been, for the most part, a Good Thing for both countries, and has resulted in a gradual shift in China of becoming slightly more capitalistic and slightly more democratic, all without a shot fired. (Okay, not counting Korea and Viet Nam, where we indirectly butted heads a bit... Oh, and that spy plane they nabbed right after Bush the Younger took office... but that hardly counts.)

      I respectfully disagree with the Senator on this one. China is either a "Most Favored Nation" in our economic policy or it's not. If you want to push a policy of major trade sanctions against them, let's talk about it, but don't nickel-and-dime them by witholding Internet search engines. That's just petty and stupid.

      --

      Information wants to be anthropomorphized.

    3. Re:Who's being repressive? by JavaLord · · Score: 3, Insightful

      Rep. Chris Smith, R-N.J., is drafting a bill that would force Internet companies including Google, Yahoo and Microsoft to keep vital computer servers out of China and other nations the State Department deems repressive to human rights.'"

      Fine, but why do we continue to trade with them? We make up 30% of their GDP, while they wont let our goods into their country fairly (we export less than 1% to China). We allow them to make everything you can think of, yet we aren't going to let google go there? Seems like too little too late.

      Seems almost ironic doesn't it?

      No, google isn't a 'human right'. If we were really doing what was 'right' we would be denying China MFN status until they cleaned up their act.

    4. Re:Who's being repressive? by nomadic · · Score: 5, Insightful

      Article 2 specifically grants Congress the power "To regulate commerce with foreign nations, and among the several states, and with the Indian tribes". Why does this conflict with the 9th or 10th amendments? This is not a rhetorical question, you must have some reason to believe that Congress isn't granted this power. So what is it?

    5. Re:Who's being repressive? by TubeSteak · · Score: 4, Informative

      Please, please don't quote the Constitution.

      I highly suggest you go read Article 1, Sections 8 and 10.
      http://www.usconstitution.net/xconst_A1Sec8.html
      http://www.usconstitution.net/xconst_A1Sec10.html

      Section 8 tells us that Congress has the power to regulate Commerce with foreign Nations.

      Section 10 tells us that States have almost no rights to engage in anything with a foreign Power and any laws that States are allowed "shall be subject to the Revision and Controul of the Congress"

      I already wrote another post in response to someone who didn't read Article 1, Section 8 very closely. I'm not a Constitutional lawyer, but I have some understanding of portions of the Constitution that my studies have touched on.

      --
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      o0t!
    6. Re:Who's being repressive? by JavaLord · · Score: 3, Insightful

      because if we trade with them then they will be more likely to embrace democracy.

      You are kidding right? America wasn't into real 'free trade' until the 90's, but I'd say we were pretty much a democracy without it. The statement that free trade leads to democracy has to be one of the biggest lies that free traders use for propaganda. How does more money, and a better economy motivate the communist government in China to embrace democracy? Or the people? People don't revolt when they have steak on their plates.

      Unless of course you are iraq, iran, syria, cuba or anyplace else that does not have lots of people or money. See how simple that is?

      In your mind? Yes.

  2. Anti free trade by Anonymous Coward · · Score: 5, Insightful

    When have embargos worked? VEry rarely I presume. There's no point in this. Also why target high tech .. what about walmart?

    No I am not in favor of cutting off trade in any case.. people should have the right to buy goods from wherever they like.

  3. Why Internet Companies? by garoo1980 · · Score: 5, Insightful

    I wonder why the US government doesn't ban all US based companies from dealing with China, if they want to be pro human rights for a change. Its so hypocritical for them to ensure that US information isn't housed in China and use human rights as a cover. IF human rights were a truly important issue companies like WALMART wouldn't be allowed to trade with them. That would make an actual difference

    1. Re:Why Internet Companies? by 1u3hr · · Score: 4, Informative
      Bill Clinton, who helped extend them "most favored nation" trading status

      And what about that pinko Nixon -- he kowtowed to Mao in 1972.

      And that fellow-traveller Reagan: "...a few countries must obtain an annual presidential waiver or extension of a waiver to continue their NTR status. China is the most important country in this group which must obtain an annual waiver to maintain NTR. The waiver for China has been in effect since 1980."

  4. Re:Let me be the first to say... by Daniel_Staal · · Score: 4, Insightful
    1) Good luck chums, worst case Google et al form shell companies to own the servers in china

    No, worst case they move their corporate HQ out of the US, (and set up a shell company in the US, to handle that business) thereby not only no longer having to worry about the new laws, but also moving their taxable revenue outside the US. As well as a fair portion of their jobs.

    --
    'Sensible' is a curse word.
  5. Minimum standards by Danathar · · Score: 4, Insightful

    Since I'm a Free market capitalist republican with Libertarian tendancies I would, most of the the time ask congress to keep their hands off of what a company does. But...after thinking about this I REALLY do think that if a company is based the U.S.A. it should have to abide by minimum standardars that represent what our country stands for (reguardless if you think the U.S. is hypacritical or not!). Some of the things they should have to abide by if they still want to be based out of the U.S.

    1. Child Labour laws
    2. Free Speech
    3. Environmental regulations

    I would'nt expect them to have to obey ALL of the laws of the U.S. and the localality where they are setting up shop, but going to another country does should not give a company a way around laws here (in the U.S.).

    If they refuse then they can base their company in the Bahamas or some other country and take whatever fallout comes.

    just an opinion

  6. USA playing big daddy again by ravee · · Score: 3, Insightful

    After the cold war and the break up of soviet union, it has increasingly become a habit with the USA governments to try and play big daddy to all the nations.

    This trend is really disconcerting for people living outside the US. As far as china is concerned, it is entirely a different story. Communism and capitalism can be equated to the devil and the deep sea. Both are not good for the nations. If one ideology generates oppression, the other inculcates greed.

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    for all things on Linux
  7. They help censorship by everphilski · · Score: 4, Insightful

    Plain and simple. This is a censorship issue. It isn't a "we like china" or "we dislike china" issue. When Google or Microsoft or Yahoo sit down with the Chinese and decide to open up shop they have to censor, and part of that is having programmers who work on censoring software. Are you really comfortable with the fact that Google is using money they make off of you to write censorship software? They are only improving the state of censorship in China and who knows maybe someday that censorship software might just end up censoring you, or censoring something you want to access. Makes me sick.

  8. Google should just relocate to Guantanamo bay... by Expert+Determination · · Score: 4, Funny

    ...where'd they get all the benefits of the US without any of the disadvantages.

    --
    "The White House is not an intelligence-gathering agency," -- Scott McClellan, Whitehouse spokesman.
  9. FUD and Flamebait? by QuestorTapes · · Score: 5, Informative

    A few observations:

    > USATODAY is reporting that lawmakers in the US are proposing legislation that
    > would keep Google and others out of China.

    Actually, no. First off, the bill hasn't even been drafted yet.

    Secondarily, as I read the article, it wouldn't prevent anyone from doing business in China and other oppressive regimes. It would simply require the "vital computer servers" (currently not defined; remember, it hasn't been -drafted- yet) from being located physically within the opressive regime's geographic control.

    > From the article: 'Rep. Chris Smith, R-N.J., is drafting a bill that
    > would force Internet companies including Google, Yahoo and Microsoft
    > to keep vital computer servers out of China and other nations the State
    > Department deems repressive to human rights.

    The part that wasn't quoted says: "Moving servers would keep personal data they house from government reach. But that also could weaken the firms' crucial Internet search engines."

    It appears the intent of the bill is to prohibit situations where crucial equipment could be physically compromised by force, although since it hasn't been drafted yet, it could go further, of course.

    I don't know anything about Rep. Smith, but this page:

    http://www.house.gov/chrissmith/laws/laws.htm

    Seems to indicate he has been actively interested in human rights under opressive regimes rather than gestapo internet control laws. Maybe he deserves the benefit of the doubt, at least until after he has finished a first draft we could look at?

    1. Re:FUD and Flamebait? by gstoddart · · Score: 3, Interesting
      It appears the intent of the bill is to prohibit situations where crucial equipment could be physically compromised by force, although since it hasn't been drafted yet, it could go further, of course.

      But, how does this differ from any form of nationalization which could occur?

      Any company with a branch office and ANY equipment in ANY other country could in theory be 'physically compromised by force'. Heck, they could be physicall compromised domestically too. Google's servers aren't exactly vital to the operation of the US government, so why the special interest? They didn't step in when France said that certain things on websites were not allowed in their country.

      How can a government which has been ramming globalization down the throats of everyone suddenly decide to make this one exception with China because Google didn't fight them on freedom of speech issues?

      They sure as hell aren't stopping Monsanto from exporting their GM seeds which local farmers aren't allowed to keep seeds from for the next harvest. They don't stop Nike from using child labour, they don't stop Wal Mart from running (allegedly) unsafe plants (or at least, heaviy profiting from them), they've never tried to stop the tobacco companies from aggressively marketing their products in other countries in ways which would be illegal in the US.

      The US (and, indeed, the whole West) have been using divisions in foreign countries for decades to be able to circumvent labour and environmental laws -- like it or not, it's called imperialism.

      How many US ships get sent to India in the ship-cracking yards in which poor people work in toxic environments and lead to further pollution in those locales? To how many countries are loads of toxic waste (eg, old computer equipment) being exported because domestic disposal is difficult/expensive? These things would be prohibited to do in North America, yet they're allowed to continue.

      If the US wants to start ensuring that companies working in foreign countries play by US rules, a huge part of the US economy would have to be crippled in the same way -- unless they're some how going to claim that Google poses more of a threat than some of the other stuff. Because there are loads of examples of foreign practices which would violate labour or environmental laws.

      And given that they've chosen to exempt themselves from treaties such as the treatment of prisoners they determined to be 'enemy combatants', this is just raging hypocracy to be so focused on cencorship in China.

      Hell, they've even made sure their Patriot Act has extra-territorial reaches -- if a US company working abroad collects information, it is subject to the rules of the Patriot Act. Never mind that the information was collected in a foreign country relating to foreign nationals for purposes of conducting business in that country. So why is the US entitled to export their laws by proxy, but China shouldn't expect Google to abide by their rules?

      Absolutely friggin' absurd.
      --
      Lost at C:>. Found at C.
  10. Is it? by C10H14N2 · · Score: 4, Insightful

    It's called "sanction." What's ironic is how long China has been free from sanctions.

    Would it seem "repressive" to say "State Department moves to block Google from installing servers at Natanz uranium enrichment site in Iran?"

  11. Political noobs on slashdot.... by jmorris42 · · Score: 4, Interesting

    Guys, get some education on how things work out in the big blue room. This isn't dangerous.

    I'll clue you in, this is all about posturing. No, this bill won't pass and it isn't intended to pass. What it is intended to do is put political pressure on Google to counterbalance the polutical pressure China is putting on Google, Yahoo!, MSN, etc.. Before, US companies really didn't have much choice, they were operating in China so the Chinese could lean hard on them to play ball. Bills like this are intended to provide cover, i.e. next time China wants to lean on em the US companies AND the Chinese government have to counterbalance the gain aganst the potential loss if they push Congress far enough they actually get serious next time.

    Wouldn't be at all suprised to find Google or Microsoft behind this bill, of course in a very back room, back channel and totally deniable way. This is modern political theatre. Yes it is sleezy, underhanded, hypocritical and so on, but it happens to be the way the game is played.

    --
    Democrat delenda est
  12. Ranchers cooperate to keep livestock seperate by Cryofan · · Score: 3, Insightful

    if you give livestock the power to roam freely, they might get free and run away. Good fences make good neighbors, etc. Adjoining ranches cooperate to keep their cattle under control.

    The American elite and the Chinese elite are just putting up fences to keep their livestock safe.
    Don't you feel safer now?

    baaa baaa baaa

    --
    eat shiat and bark at the moon
  13. Bullshit. by autopr0n · · Score: 3, Insightful

    First of all, on a per-capita basis the U.S is more oppressive to its citizens then the Chinese government. An American is almost four times as likely to be imprisoned then a Chinese citizen. In fact, the US has more total people in jail then the Chinese, despite the fact that china has almost four times as many people as the US. Half the people in jail are there for non-violent drug offenses. Just because you can complain all you want to doesn't mean you're not oppressed. People confuse freedom of speech for actual liberty. The problems don't come from the top here (unless you're a suspicious A-rab) but from local incompetent governments jailing people without access to decent legal defense. Police abuse is rampant, etc.

    --
    autopr0n is like, down and stuff.
    1. Re:Bullshit. by JordanL · · Score: 4, Insightful

      First of all, on a per-capita basis the U.S is more oppressive to its citizens then the Chinese government. An American is almost four times as likely to be imprisoned then a Chinese citizen. In fact, the US has more total people in jail then the Chinese, despite the fact that china has almost four times as many people as the US.

      Nice try, but no. If you measure "repression on a per capita basis" as simply number of people per capita in jail, you are completely ignorring that this is mostly likely not "repression" as much as "enforcing the law". As well, it also ignors that the conviction in rate in China is over 95% and there is no such concept as Jurisprudence or Miranda Rights. Additionally, on a per capita basis, China has many times the number of people imprisoned which would possibly be classified as "political dissidents", even though many would classify our Gitmo detainees this way.

      So in short, I call "bullshit" on your "bullshit". read up and comapre.

    2. Re:Bullshit. by slashdotmsiriv · · Score: 5, Funny

      May I add that in the US you may get shot by the vice president himself. That my friends is opression!

    3. Re:Bullshit. by mozumder · · Score: 4, Insightful

      If you measure "repression on a per capita basis" as simply number of people per capita in jail, you are completely ignorring that this is mostly likely not "repression" as much as "enforcing the law".

      How is 'enforcing the law' any different from 'repression'?

      Are you saying that because something is the law, then that means it is valid, even if it's decided democratically?

      Meanwhile, why should a minority party be forced to agree to the majority's decisions? How does 'majority rules' help the progression of society? Doesn't that repress the minority party?

      Democracy: 2 wolves and a sheep voting on what to eat for dinner.

  14. Re:Prison is Poor Metric by jellomizer · · Score: 5, Funny

    Emperor Cheney and the Figurehead Buffoon
    Isn't that going a little to far. It is not like Cheney ever shot someone.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  15. Bullshit indeed. by JavaLord · · Score: 3, Insightful

    First of all, on a per-capita basis the U.S is more oppressive to its citizens then the Chinese government.

    Anything you compare to china on a "per-capita" basis is going to be skewed due to the sheer mass of their population.

    An American is almost four times as likely to be imprisoned then a Chinese citizen.

    Yet the chinese execute more Criminals than any other country.

    In fact, the US has more total people in jail then the Chinese, despite the fact that china has almost four times as many people as the US.

    But you don't go to jail in the US for being of a certain political view, or religion. Of course, the fact that they execute people much more liberally in China could be a reason that they have less people in jail. China executes more people than the rest of the world does...combined. China also has the second most executions per captia (since you like that stat) to singapore.

    Of course, your point is only valid if you believe the numbers the Chinese government puts out. (they claim 1.4 million people in prison to the US prison population of 2 million).

    Half the people in jail are there for non-violent drug offenses.

    Just because you can complain all you want to doesn't mean you're not oppressed.

    So why are you oppressed? Because the government tries to stop people from drugging themselves to death?

    People confuse freedom of speech for actual liberty. The problems don't come from the top here (unless you're a suspicious A-rab) but from local incompetent governments jailing people without access to decent legal defense. Police abuse is rampant, etc.

    Move to China and see how much better you do there.

    1. Re:Bullshit indeed. by tgd · · Score: 4, Insightful

      Move to China and see how much better you do there.

      If you have not done so yourself, you are not qualified to make that suggestion to him. In fact, if you have not taken the time to spend some real time there with local people, you are not qualified to talk on the subject at all.

      I suspect, like most people who talk about China, you are talking based on reports you've seen in the media based on agendas pushed by people who have chosen to not live there. Go ask ex-pat Americans living in cities around the world about their opinion of life in the US. It will be equally biased.

      The reality of the situation is somewhere in the middle, but based on your response its clear you have no first hand experience with life in China.

    2. Re:Bullshit indeed. by Anonymous Coward · · Score: 3, Informative

      I am a Malaysian who has lived in China, India, Singapore and Brunei(just 2 months actuallly but WTH). I was a volunteer for Amnesty International for a few months after High School. "Move to China and see how much better you do there." Is a valid statement. They lock things out to protect themselves, that includes foreign information and foreign goods. Trust me when I say they are better off with the walls they build, their problems are plentiful including overpopulation and social stigmas which will not go away in a day. I was an English teacher in China for a year, and there were many Americans in similar positions there. The obvious statement is this; they would not be there if America-the-land-of-dreams (tm) is as good as you think it is. Censorship is no doubt an issue... but look at your selves, we are all hypocrites one way or another. ALL of us.

  16. I applaud this by RyoShin · · Score: 3, Insightful

    It's about time that companies are forced to abide by U.S. law while operating in other countries. After all, most U.S. laws are meant to enhance individual life.

    While we're taking care of Google, they're throwing in stuff about manufacturing companies offering below-U.S. minimum wage, work hours, and child labor laws in other countries, right? ...No?

    So you're telling me that companies like Nike, a highly profitable corporation which can charge $150 for a single shoe because of overhype, can continue to force children to work long hours for little pay, while a corporation like Google, which is providing a much more valuable service of information, and doesn't hinder its employees in foreign nations (to my knowledge), is forced to work by the U.S. laws?

    How does that make sense?

    Oh, right. Google probably hasn't been keeping up with their bribery stipents to members of congress.

    Fucking politicians.

  17. Re:Prison is Poor Metric by Misch · · Score: 5, Funny

    I sense a new Slashdot meme coming on... next thing you know, we'll have t-shirts that say "Cheney shot first!"

    --

    --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
  18. why trade imbalance is "ok": follow the money by dinodriver · · Score: 4, Interesting

    "Fine, but why do we continue to trade with them? We make up 30% of their GDP, while they wont let our goods into their country fairly (we export less than 1% to China). We allow them to make everything you can think of, yet we aren't going to let google go there? Seems like too little too late. "

    The reason this doesn't bother many people is that this imblance hides the fact that it is U.S. companies benefiting from this arrangement. For example, most of those Chinese made goods in your local WalMart are marketed by American companies and they are making the profits (some of which they keep offshore to avoid paying u.s. taxes of course...). So, although the goods are made abroad, the American companies make more money than they would if the goods were made here.

    I'm not arguing for using China as our labor force. In fact, the whole situation makes me sick. I'm just explaining why businesses interests here like things just how they are...