FREEDOM ON THE NET 2021 The Global Drive to Control Big Tech Resist government orders to shut down internet connectivity or ban digital services. Service providers should use all available legal channels to challenge such requests from state agencies, whether they are official or informal. If companies cannot resist demands in full, they should ensure that any restrictions or disruptions are as limited as possible in duration, geographic scope, and type of content affected. Companies should also thoroughly document government demands internally and take steps to notify users as to why connectivity or content may be restricted, especially in countries where government actions lack transparency. Adhere to the UN Guiding Principles on Business and Human Rights and conduct human rights impact assessments, with a commitment to do no harm. Companies should commit to respecting the rights of their users and addressing any adverse impact that their products might have on human rights. Companies should not build tools that prevent individuals from exercising their right to free expression, turn user data over to governments with poor human rights records or without judicial oversight, or provide surveillance or law enforcement equipment that is likely to be used to commit human rights violations. They should minimize the amount of data they collect, sell, and use, and clearly communicate to users what data are collected and for what purpose. International companies should not seek to operate in countries where they know they will be forced to violate international human rights principles. Where companies do operate, they should conduct periodic assessments to fully understand how their products and actions might affect rights including freedom of expression, nondiscrimination, and privacy. When a product is found to have been used for human rights violations, companies should suspend sales to the perpetrating party and develop an immediate action plan to mitigate harm and prevent further abuse. Companies should also mainstream end-to-end encryption in their products and ensure robust security protocols, including by resisting government requests to provide special decryption access. Engage in continuous dialogue with civil society organizations to understand the implications of company policies and products. Companies should seek out local expertise on the political and cultural context in markets where they have a presence or where their products are widely used. These consultations with civil society groups should inform the companies’ approach to content moderation, managing government requests, and countering disinformation, among other activities. FOR CIVIL SOCIETY Conduct research on and raise awareness about censorship, surveillance, and content manipulation. Studies and surveys have shown that when users become more aware of censorship, surveillance, and disinformation, they often take actions that enhance internet freedom and protect fellow users. Civil society groups should engage in innovative initiatives that inform the public about government censorship and surveillance, as well as investigate and expose disinformation campaigns, including their origins and objectives. Utilize strategic litigation to push back against shutdowns and censorship. Civil society groups and their allies have won victories in court that reversed network shutdowns and censorship decisions in Indonesia, India, Pakistan, Sudan, Togo, and Zimbabwe. They should participate in strategic litigation whenever possible, or provide friend-of-the-court filings that explain how certain forms or uses of digital technology undermine human rights. Civil society organizations should consider carefully whether to bring cases against governments themselves or support others seeking to do so, given that the process can be complicated and costly. Work together with policymakers and the private sector to design and champion effective solutions. Some of the most important advances in privacy and free expression—such as the widespread adoption of end-to-end encryption and more secure communication via HTTPS browsing—derive from innovations in technical standards and product design that were advanced by advocacy groups. Multistakeholder efforts will be needed to ensure that leading democracies can offer a viable alternative to the authoritarian model of cyber sovereignty. 28 @freedomonthenet #FreedomOnTheNet