The Digital Divide An Examination of How National and International Laws Affect Access to Information

The Problem The Connected World is not truly connected. There are still many countries and peoples that are unable to access what the Internet has to offer. The Connected World is not truly connected. There are still many countries and peoples that are unable to access what the Internet has to offer. Oftentimes, this can be attributed to laws regarding how and why the Internet may be used. Oftentimes, this can be attributed to laws regarding how and why the Internet may be used.

China As a Communist country, China has an interest in regulating what its citizens have access to As a Communist country, China has an interest in regulating what its citizens have access to China does not bar access to the Internet, but instead controls the content provided China does not bar access to the Internet, but instead controls the content provided

Method of Control China only allows 6 Network carriers (4 commercial and 2 academic) China only allows 6 Network carriers (4 commercial and 2 academic) Ministry of Information Industry, the Ministry of Public Security and the State Secrecy Bureau set standards for what can be accessed Ministry of Information Industry, the Ministry of Public Security and the State Secrecy Bureau set standards for what can be accessed

Control of the Internet by these state run agencies is sanctioned by law Control of the Internet by these state run agencies is sanctioned by law Article 12. Connecting network units, entry point units and users must cooperate with the state’s legitimate efforts to monitor and inspect Internet information security, and they should provide necessary information and conditions Article 12. Connecting network units, entry point units and users must cooperate with the state’s legitimate efforts to monitor and inspect Internet information security, and they should provide necessary information and conditions

More Obscure regulations hinder Access The values held by the Chinese dictate other laws that are detrimental to the full use of the Internet The values held by the Chinese dictate other laws that are detrimental to the full use of the Internet Difficult to obtain credit cards, making e- commerce much more cumbersome Difficult to obtain credit cards, making e- commerce much more cumbersome Must instead use “order online and payment offline” Must instead use “order online and payment offline”

Not only traditionally viewed “Oppressive” countries hinder Access

France French law prohibits the selling or advertising of Nazi paraphernalia French law prohibits the selling or advertising of Nazi paraphernalia U.S. based Yahoo distributed this merchandise over an auction site U.S. based Yahoo distributed this merchandise over an auction site Yahoo sued in France to recover damages for the violation Yahoo sued in France to recover damages for the violation U.S. Court held that as based in the U.S. Yahoo was immune from French Law U.S. Court held that as based in the U.S. Yahoo was immune from French Law

This Points out other difficulties; The lack of International Standards

Problems with International Standards No over-arching International Authority No over-arching International Authority National Sovereignty Issues National Sovereignty Issues Inability to Standardize Policy Inability to Standardize Policy

Brighter Side Some International Regulations of critical Standards Some International Regulations of critical Standards International Telecommunication Union, International Corporation for Assigned Names and Numbers International Telecommunication Union, International Corporation for Assigned Names and Numbers

Mobilizing Force Towards International Cooperation United Nations Educational, Scientific, and Cultural Organization United Nations Educational, Scientific, and Cultural Organization Continued International Pressure towards Cooperation and Standards Continued International Pressure towards Cooperation and Standards

A Solution? While the Digital Divide still exists, there is continuing motivation and pressure to eliminate it. Through International cooperation in standards, regulations and laws, the Internet may truly become the unifying body envisioned by so many. While the Digital Divide still exists, there is continuing motivation and pressure to eliminate it. Through International cooperation in standards, regulations and laws, the Internet may truly become the unifying body envisioned by so many.