Note: Bured in the BlogHer Web site relaunch as I have been, I worked on this post sporadically for five days. In that time, both Rebecca MacKinnon and Dan Gillmor beat me to the punch. I recommend reading their posts.
Answer: Yes -- the question is by whom.
Here's how to advocate for free speech in a free-market economy: Focus on the lowly mouse. The one attached to your computer, I mean, and those operated by the millions of wallet-bearing consumers online. Because these hard-wired rodents will chew up legislative lemmings every time.
Here's what I'm on about: In light of recent activities by various technology companies (including Yahoo! and Microsoft) to restrict freedom of speech in China and elsewhere, international free speech advocates Reporters Without Borders is circulating this petition urging these companies to change.
Terrific, I thought, when I got the email from the impressive Julien Pain. Sign me up.
Then I read the petition. Specifically, Reporters Without Borders wants me to sign a petition advocating that the American government restrict free trade by American companies.
Uh-oh, I thought. Don't sign me up. Not only is that never going to sell on this side of the pond, it's not going to mount an effective long-term blow to the heart of the problem. Here's an excerpt from the petition's fine print:
Reporters Without Borders proposes two options :
Option a : US companies would no longer be permitted to sell Internet censorship software to repressive states.
Option b : They would still be able to market this type of software but it will have to incorporate a list of “protected” keywords that are rendered technically impossible to censor.
US companies would have to obtain the express permission of the Department of Commerce in order to sell to a repressive country any technology or equipment which can be used to intercept electronic communications or which is specifically designed to assist the authorities in monitoring Internet users.
US companies would have to obtain the express permission of the Department of Commerce before providing any programme of training in Internet surveillance and censorship techniques in a repressive country.
* A list of countries that repress freedom of expression would be drawn up on the basis of documents provided by the US State Department and would be appended to the code of conduct or law that is adopted. This list would be regularly updated.
I want free trade to be the hammer for free speech--with consumers delivering the blows. While I have and will continue to criticize what has happened to these bloggers (see my posts here, here, here, here, and my support of this press release), I do not think restricting the free market is the way to win the hearts and minds of American consumers. And it's American consumers and their purchasing behavior that stands to alter long-term policy at technology companies. Just ask Nike or Gap.
If customers vote with their wallets, boardrooms will listen. That's one of the reasons I applaud Reporters Without Borders for recruiting 25 investment companies to sign a Joint Statement on Freedom of Expression and the Internet, in which:
"The signatories affirm that respect for free expression is one of the criteria they will take into account when analysing a company’s human rights record. The signatories state they will step up their monitoring of Internet sector companies whose business activities have an impact on the free flow of information online. And they also undertake to support resolutions favouring free expression that are presented at shareholders’ meetings."
And after watching this circus for the past three-plus days, in which Mr. Alito's participation in an exclusive men's club got more press and reaction than the subjects of legal abortion, torture or wiretapping, do I want to delegate to this body the will to forcefully advocate for free speech for Chinese residents? Um, no.
So I don't plan to sign this petition. But I'll continue to advocate for free speech. Inside China -- and out.