Peter Mullen
Now, there’s no question China has been trying to crack down on the Internet — good luck. That’s sort of like trying to nail Jello to the wall. But I would argue to you that their effort to do that just proves how real these changes are and how much they threaten the status quo.
Bill Clinton (2000)
Although Bill Clinton was specifically speaking in regards to a trade agreement between China and the United States of America (USA), it could be argued that his comments ring true whenever some form of state control is attempted. The impact that this control has on the actions of an individual is as varied as the individuals involved. Some examples of this control can be for a perceived good for the individual, such as controls on pornography, however they can be controls that the state has for itself and not the individual. In this essay I will discuss the way that several states have attempted to control individual and group identity in an online environment, using specifically the approaches by the Chinese and Australian governments. I will attempt to answer the question “is it the state or individual need that is paramount?” In doing this, I will also discuss various issues surrounding identity, both individual and/or as part of a larger community, and its impact on the internet. Additionally I will look at some of the plethora of work that has been created for identity, self and virtual community environments and show that state control may not only be onerous, but can be positive based on the sense of community developed (Bakardjieva, 2005). Although most states are attempting to implement various levels of control (Goldsmith and Wu, 2006), this issue will remain topical as individual versus state need has raged for as long as states and individuals have had different views.
“As the most participatory form of mass speech yet developed, the Internet deserves the highest protection from government intrusion” (Dezell, 1996) is a ringing statement that, without setting an international precedent, has received differing levels of implementation and interpretation by a number of nation states since then. Dezell was specifically commenting about a legal argument in regards to the USA’s Communications Decency Act. Although this Act (The Communications Decency Act, 1997) was specifically targeted towards the burgeoning amount of pornography available on the internet, it showed the way that the state desired to control the use and propagation of the internet. This specific action addressed a much wider debate on the effect that the internet has had on the social fabric of society. Katz and Rice (2002) discuss, and partially quantify, that the internet is neither all bad – the “dystopian’ view, or all good – the “utopian” view. It can be termed a “syntopia” view or a combination of these opposing views. Although this paper will not attempt to quantify these terms further, they will be used to help with the understanding that if the internet is viewed as being synoptic, then it is the individual and their community, and not the tool (internet) that can bring about this spirit of self and communality. In their book on the Internet in everyday use by Wellman and Haythornwaite (2002, p. xxvii) they comment that:
No population that seeks to govern itself can hope to do so for long without good information and widespread debate about how to address the issues of the day.
Good information and advice, when married with a syntopia view, should then allow individuals and communities to be able to develop their own identity in a virtual community sense. This view then supports the hypothesis that it’s the individual, with their group and/or self experiences that shape their interpretation of a virtual identity. This virtual identity is normally expressed using some form of Digital Social Environment (DSE), (Nabeth, 2005, p.1) normally using their social or peer to peer network, such as Face book or LinkedIn. Some of the tools that allow individuals to express their individuality, such as Blogs, Wikis or Instant Messaging (IM), allow individuals to transpose their identity or community across geographical boundaries and borders. If these transactions occur, an interesting legal argument then arises with who has the right to control or impose restrictions on these transactions. The concept of ‘right’ for this paper will be deemed to be the state right to provide protection, structure and control for its ciitizenry (Kalathil & Boas, 2001). States action this right using tools such as law or governmental statutes, guidance or guidelines for usage through to content filtering or specific site restrictions. Jack Goldsmith and Timothy Wu, in an article titled “Digital Borders” (2006) discuss how various states are using their own national and international law to attempt specific and nationalist control of the internet. They use the celebrated case of Internet Service provider Yahoo and the Le Tribunal de Grande Instance de Paris, a French trial court to show how national interests can be used to force control on internet providers. Yahoo was successfully sued for allowing hate material to be advertised within specific state boundaries, in this case France, where the court ordered Yahoo to block or filter content specifically within state boundaries.
After a trial fought on state, business and, in the case of senior Yahoo managers, ego grounds, plus the discovery of how the internet can be filtered, Goldsmith and Wu in their seminal work “Who Controls the Internet? illusions of Borderless World” (2006) postulated that there are two main fallacies of previous understanding and belief. The first is that it will simply remain difficult to maintain ‘control’ over the internet from a state, community and individual perspective. Secondly, that the World Wide Web and the Internet allowed for a simpler political, and political governance, landscape. This last point is the more compelling of the two made by Goldsmith and Wu, as it implies that there is some form of control mechanism and rules that can be applied. “But what type of rules and who makes them?” (Mueller, 2006). However, if there were no rules, would this be better than anarchy? Although there has been a large volume of work that either refutes or supports the work of Goldsmith and Wu, theirs challenges the reader to consider the argument of state control versus individual needs and requirements. This balance of state control versus individual needs will be an ongoing exercise over an extended period of time, and can be best shown by an example of the recent interactions between The Peoples Republic of China (China) and the USA based Internet search engine, Google. In late March of 2010 Google made the business decision to close their search engine service based in China and relocate it to an uncensored site in Hong Kong (Helft & Barboza, 2010). This was caused by concerns that Google, had over state intrusions on censorship control and hackers. China had requested a specific site filter, with Google also charging that hackers based in China had accessed source code as well as viewing the Gmail accounts of Chinese citizens (Helft & Barboza, 2010). This was in addition to the struggle that other .com companies such as Yahoo, Amazon and EBay have had in China previously.
The New York Times also reported that “many students and professionals said they feared they were about to lose access to Google’s vast resources” (Helft & Barboza, 2010). If the state can control a business by the simple control of its use, then it is not unreasonable to argue that the right of the individual then is also controllable. In most authoritarian states or regimes, this control can be achieved by the control of end use by filtering content through or self-censorship (Kalathil and Boas, 2001). While China subscribes to this model, even while enforcing draconian censorship by Western standards, it still encourages widespread use by its citizens. As the internet is a medium of and for mass communication across time and space boundaries, it is also a tool for citizens to communicate across state boundaries. Can this widespread use be sustained? As this communication is a form of community, it falls within the symbolic interaction criteria and can be described as part meaning and thought. Additionally if this community is thought of as being in the same geographical locality and not a virtual locality where time and space are issues, it can allow easier understanding of how régimes such as China can control the individual identity in virtual communities.
As individuals strive to be part of their regional, cultural or ethnic groupings, identity and community have become more important. As individuals can be part of the community of borderless communities due to use or access of the internet, so they can become part of their local community both virtually and geographically. Manual Castells, (2010, p. xxiii) in his work “Power of Identity”, discusses how the “data shows how time and time again that the more the world becomes global, the more people feel local”. Although China has imposed controls on internet activity within its borders, the people of China still want to be part of their local and national community, in this case either virtually or geographically.
When people need to expand their community, they refer to their nations, their Islands in the global ocean of flows of capital, technology and communication. (Castells, 2010, p xxiii)
If the individual Chinese are seen as wanting to be part of the ‘global village’ (McLuhan, 1962), and they can do this using the internet and connectivity tools that are provided by their state, they are no less part of a individual and community involvement in their view of the global village than if they are part of a western view. Most commentators and researchers appear to map their work against a view of western ideology and place the Chinese experience as a negative one. When compared to states such as Cuba, where the internet is controlled by the simple practice of limiting the usage and access (Kalathil and Boas, 2001) China has an enlightened approach.
In Australia for example, the attempted state control of the internet has sparked debate. The Sydney Morning Herald, on 31 Mar 10 commented in an article titled “Censorship fears over Australian net filter” that:
[The] government’s proposed internet filter has landed Australia on a global watch list for internet censorship, prompting one industry figure to note that Australia’s policy could be used by authoritarian regimes to justify internet restrictions.
Should the Australian government allow additional content filtering, as opposed to the experiences of France and China as previously mentioned? Currently Australia has content filtering offered by the various Internet Service Providers (ISP). If the content is deemed to be not in the best interests of the public or offensive, any Australian based content/material or site can be ordered to be ‘taken down’ via a takedown notice issued by the Australian Communications and Media Authority (ACMA., The ACMA is the federal organization empowered to review content on the internet. If the material is hosted ‘off shore’ it is added to a black list of blocked sites that need to be actioned by the various ISP’s.
This content filtering by the ISP’s in Australia is also under consideration as part of a larger package being considered by the Federal government, where various content will be blocked by a filter provided by the state, as done by the Chinese. In China the filtering is done to prevent anything subversive to the state or state apparatus, in Australia the filtering is being done to provide ”greater protection to children from online pornography and violent websites” (ABC, 2010). Currently the Australian Government has expressed its desire to keep this list secret, however an article by the Sydney Morning Herald in 2009 stated:
(…) about half of the sites on the list are not related to child porn and include a slew of online poker sites, YouTube links, regular gay and straight porn sites, Wikipedia entries, euthanasia sites, websites of fringe religions such as satanic sites, fetish sites, Christian sites, the website of a tour operator and even a Queensland dentist.
Even though Australian and China have different political apparatus, governmental styles and different demographical audience, both countries however use internet control for their own ends. In this essay I have discussed the way that several states have attempted to control individual and group identity in an online environment, using specifically the approaches by the Chinese and Australian governments to answer the question “is it the state or individual need that is paramount?” Although the stated aims of both governments are different, based on current information, there is little to separate them. Both have a large uptake of internet use and users, a developing sense of self as part of a virtual identity and a population that has a highly developed sense of community. Both governments wish to impose rules and controls that cannot but impact on continued development of self and community in a borderless and virtual world. It is a case of trying to nailing jello to a wall.
“Censorship always defeats it own purpose, for it creates in the end the kind of society that is incapable of exercising real discretion.” Henry Steele Commager
Whether the individual or state need is paramount, this specific argument will continue to be debated, as individual and state need changes and states become used to accepting a virtual environment where its citizens can express themselves. As this debate is still in its infancy it is important for the debate to occur as states start addressing “a radical transformation of the demographics of the user population, and consequently of the usage: a significant portion of the population is now integrating the Internet directly as part of their life (to get informed, to communicate with others, to shop, to learn)”, (Nabeth, 2006. p.4)
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“Nailing Jello to the Wall”: A discussion on the implications of state control on virtual identity in communities and networks by “Nailing Jello to the Wall”: A discussion on the implications of state control on virtual identity in communities and networks is licensed under a Creative Commons Attribution-Share Alike 2.5 Australia License.

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