The demise of the Communications Decency Act last week ended, at least for now, the U.S. government's attempt to regulate the Internet. But overseas, the debate over what role government should play in controlling cyberspace is just beginning.
Representatives from hundreds of countries will be wrestling with these issues at upcoming meetings in Europe, including one this week in Paris sponsored by the Organization for Economic Cooperation and Development.
There is some common ground. Most countries agree that such fundamentally repugnant things as child pornography, fraud and trafficking in human beings are just as illegal in cyberspace as they are in any other setting and are subject to the same punishment.
But beyond those basics, there may never be complete agreement among nations about what should and should not be accessible on the Internet--which, in light of the global, borderless nature of the medium, will undoubtedly create some quandaries. After grappling with the issue, the European Parliament recently acknowledged that even among its own members, consensus was an unattainable goal.
"What is considered to be harmful [on the Net] depends on cultural differences," the Parliament said in a recent communication to members. "Each country may reach its own conclusion in defining the borderline between what is permissible and not permissible."
In fact, that is already happening in fits and starts around the world. Here are a few prominent examples:
The Chinese government claims to recognize the strategic importance of the Internet, but officials have also made it clear that they intend to manage it and limit access to its information, just as they do with print and broadcast media.
Regulation started in February 1996, when the government required Internet service providers to use only government-provided phone lines and to register with the police. Now users must also register with police, and sign a pledge not to "harm" China's national interests.
Currently, all traffic is routed through two major gateways in Beijing and Shanghai. Firewalls block access to specific Internet addresses, including many overseas newspapers and sites related to human rights, Taiwan and Tibetan politics.
The firewalls are easily defeated by knowledgeable surfers, and access to pornography, while technically illegal, is not actually blocked. Sometimes, foreign-news Web sites are blocked only during specific times, such as the anniversary of the 1989 Tiananmen Square protest.
